EUROPEAN UNION ELECTION OBSERVATION MISSION TO INDONESIA 2004 Final Report Final Report Table of Contents Introduction and Acknowledgements 5 SECTION I 1. Executive Summary and Recommendations 7 1.1 Executive Summary 7 1.2 Recommendations 8 SECTION II Political Overview 12 2. Historical and Statistical Background 12 2.1. Short Overview of Indonesian History since 1945 12 2.2. Statistical Data (Population and Territory) 13 2.3. The 1999 Election 14 3. The Political Landscape 14 3.1. General Overview and Major Ideologies 14 3.2. Political Dimension of the 2004 Elections 15 3.3. Overview and Analysis of the 2004 Results 16 3.4. Security Situation during the 2004 Elections 16 SECTION III Legal and Institutional Framework 18 4. The Legal Framework 18 4.1. Relevant Legislation 18 4.2. Institutional and administrative framework 19 4.3. Nanggroe Aceh Darussalam (NAD) 19 4.4. Papua 20 5. Election Administration 21 5.1. The Legal Foundation 21 5.2. The General Election Commission 21 5.3. The KPU Territorial Structure 21 5.4. The KPU Secretariat 22 5.5. Training of Electoral Staff 23 5.6. Assessment 23 6. The Election Supervisory Committee (PANWASLU) 24 6.1. Mandate 25 6.2. Relationship with the KPU 25 6.3. Assessment 26 7. Voter Registration 26 7.1. Introduction 26 7.2. Legislative Reference 26 7.3. Methodology 27 7.4. Voter Registration Eligibility Criteria 27 7.5. Assessment 27 8. The Elected Institutions and Systems of Representation 28 8.1. Introduction 28 8.2. System of Representation for DPR, Provincial DPRDs and Regency/City DPRDs 28 8.3. System of Representation for DPD 29 8.4. System of Representation for the election of the President and Vice-President 30 9. The Right to Stand and The Right to Vote 31 9.1. Overview 31 9.2. The “Gus Dur” Case 31 10. Political Party Registration and Nomination of Candidates 32 10.1. Overview 32 10.2. The Nomination of candidate and their verification 33 10.3. The Nomination process for presidential and vice presidential candidates 34 11. Gender Issues related to the 2004 Elections 35 11.1. Background 35 11.2. Fatwa Against Megawati 36 12. Accreditation of party/candidate witnesses and observers 36 13. Election complaints mechanisms 37 14. Voter education 38 15. Electoral Campaign Rules 39 15.1. Legislative Elections 39 15.2. Presidential Elections 39 15.3. Campaign Finance – ‘Money Politics’ 40 16. Electronic Count 41 17. Media Monitoring 42 17.1. Methodology 42 17.2. Background 42 17.3. Legal Framework 42 17.4. National Broadcasting Commission (KPI) 43 SECTION IV The Legislative Elections 44 18. The Pre-Election Phase 44 18.1. Election environment and campaign 44 18.2. Interference by state officials, use of state resources and vote buying 45 18.3. Administrative and Logistical Preparations 45 19. Election Day, 5 April 2004 46 19.1. Opening 46 19.2. Polling 46 19.3. Closing and Counting 47 19.4. Role of party agents and domestic observers 48 19.5. General Assessment 48 20. Aggregation of Results 48 20.1. Aggregation of results at the PPS and PPK level 48 20.2. Aggregation of results at the National level 49 21. Election Petitions and complaints 49 22. Media Monitoring Results for the Legislative Elections 50 22.1. Television 50 22.2. Radio Monitoring Results 51 22.3. Newspaper Monitoring Results 51 22.4. Assessment 52 SECTION V The Presidential Elections 53 23. The Pre-Election Phase 53 23.1. Election environment and campaign for the first round 53 23.1.1. Interference by state administration, use of state resources and vote buying 53 23.1.2. Administrative and Logistical preparations 54 23.2. Pre-election environment and campaign for the second round 54 23.2.1. Neutrality of state administration, misuse of public resources and money politics 55 23.2.2. The Timika Case 55 24. Election Day, 5 July 2004 56 24.1. Opening 56 24.2. Polling 56 24.3. Closing and Counting 56 24.4. The “Al Zaytun” case 57 25. Election Day, 20 September 2004 58 25.1. Opening 58 25.2. Polling 58 25.3. Closing and Counting 58 25.4. General Assessment 59 26. Aggregation of Results 59 26.1. Aggregation of results for the first round 59 26.2. National aggregation of results for the first round 59 26.3. Aggregation of results for the second round 59 26.3.1. Aggregation of results at the PPS and PPK level 59 26.3.2. Final Aggregation stages at the national level 60 27. Challenges and complaints 60 28. Media Monitoring Results for the Presidential Elections 61 28.1. First Round Presidential Elections 61 28.1.1. Television 61 28.1.2. Radio 61 28.1.3. Newspaper 62 28.2. Second Round Presidential Election 62 ANNEXES I. Profiles of Political Parties II. Election Administration Organizational Charts III. Number of Eligible Voters for All Elections IV. Overview of Legislative Elections Results DPR V. Overview of Legislative Elections Results DPD VI. Women Elected to DPR Comparison Table VII. Results of Presidential Elections, First Round VIII. Results of Presidential Elections, Second Round IX. List of UNDP Grantees for Voter Education Activities X. Brief Overview of Media Monitored XI. Consolidated Statistics of Opening Procedures XII. Consolidated Statistics of Polling Procedures XIII. Consolidated Statistics of Closing Procedures XIV. Consolidated Statistics of Results Aggregation XV. EU EOM Preliminary Statement on Legislative Elections XVI. EU EOM Preliminary Statement on First Round of Presidential Elections XVII. EU EOM Preliminary Statement on Second Round of Presidential Elections XVIII. List of Acronyms Final Report Introduction Introduction and Acknowledgements Following an invitation from the National Election Commission of Indonesia (KPU), the European Union deployed an Election Observation Mission (EU EOM) to Indonesia to observe the Legislative and Presidential Elections. The decision to deploy the EU EOM was taken following an Exploratory Mission carried out in October 2003 and reflected the ongoing interest of the European Union in Indonesia. This was the second Election Observation Mission carried out by the EU in Indonesia, after the observation of the General Elections in 1999. Mr. Glyn Ford (UK), a Member of the European Parliament and member of the European Parliament's Foreign Affairs, Human Rights, Common Security and Defence Policy Committee, was appointed as Chief Observer of the EU EOM in Indonesia. In addition to the Chief Observer, the EU EOM had a core team of experts: Deputy Chief Observer, Oskar Lehner (Austria); Election Expert, Domenico Tuccinardi (Italy), Legal Experts, Alexis Michel (France) and Renata Tardioli (Italy); Country Expert, Frank Feulner (Germany); Media Expert, Gillian McCormack (United Kingdom); Press Officer, Sarah Fradgley (United Kingdom); LTO Coordinator, Fabio Bargiacchi (Italy); LTO Coordinator Assistants Michel Paternotre (Belgium) and Rosie Rahamim (United Kingdom); Operations Expert, Scipion du Chatenet (France); Operations Expert Assistant, Alessandro Parziale (Italy); and Security Adviser, Robert Berneheim (Sweden).1 The International Organisation for Migration (IOM) was the Service Provider, responsible for providing logistical and administrative support to the EU EOM. The purpose of the EU Election Observation Mission to Indonesia, as well as that of other EU EOMs around the world, is to provide support for the development of a country’s democratic institutions and procedures, and to assist partner countries in their objective to hold elections of a high standard. The key objectives of the Election Observation Mission were to conduct a comprehensive analysis of the electoral process and to offer an impartial and informed assessment of the elections. In addition, through the presence of observers, the mission sought to strengthen the confidence of voters to participate freely. In its conclusions, the mission was guided by seven criteria on democratic elections. In order to apply the same standards for election observation, the European Union adopted the following election assessment criteria in 2000: • The degree of impartiality shown by the Election Administration; • The degree of freedom of political parties and candidates to assemble and express their views; • The fairness of access to state resources made available for the election; • The degree of access for political parties and candidates to the media, in particular the state media; • The universal franchise afforded to voters; • Any other issue which concerns the democratic nature of the election (e.g. campaign violence, rule of law, legislative framework); • The conduct of polling and counting of votes. Regular meetings were held throughout the country with election officials, political parties, candidates, other observer groups, national and international non-governmental organisations and the media at the national, provincial and village levels. The EU EOM also held weekly meetings with representatives of the EU Member States in Indonesia. 1 Michel Paternotre was LTO Assistant for the Indonesian Legislative Elections. For the Presidential Elections, Alessandro Parziale moved from Operations to LTO Coordination. Frank Feulner left the Mission after the first round of the Presidential Elections. Renata Tardioli took over from Alexis Michel as Legal Expert for the second round of the Presidential Elections. 5 Final Report Introduction During the campaign for the 5 April Legislative Elections, the EU EOM deployed 231 observers to follow the process in all 32 provinces. Initially, there were delays in receiving permission for EU observers to be deployed to Nanggroe Aceh Darussalam (NAD), Maluku, North Maluku and Papua, with the result that it was only possible to conduct short-term observation in these provinces. There was also a small delay in receiving permission to visit these areas during the first round Presidential Elections. For the second round, EU EOM observers were deployed without delay to those areas. For the first round of the Presidential Elections on 5 July, the EU EOM deployed 232 LTOs and STOs, and for the second round on 20 September, 224 observers were deployed.